4 Vacant seats: Speaker’s lawyers file to set aside Supreme Court’s order

Sory@Law, Lawyers for the Speaker of Parliament of Ghana, Alban Sumana Kingsford Bagbin, have applied to the Supreme Court seeking to set aside its ruling that suspended their client’s declaration of four seats in the lawmaking House vacant.

According to the Speaker’s lawyers, the Supreme Court has no jurisdiction to entertain the suit brought before it by the MP for Effutu Alexander Afenyo-Markin.

“PLEASE TAKE NOTICE that this Honourable Court shall be moved by THADDEUS SORY ESQ., of MESSRS SORY @ LAW Counsel for and on behalf of the First Defendant/Applicant herein [the first Defendant) praying the Court for an order:

i. setting aside the processes and proceedings in the Supreme Court in this suit.

ii. vacating the order of the Court dated 18th October 2024.” the application read in part.

It is recalled that the Supreme Court on Friday, October 18 directed Parliament to recognise and allow the four MPs to continue to serve as lawmakers until the case is determined. This was after the Speaker had, on Thursday, October 17, declared four seats in Parliament vacant.

The constituencies and the lawmakers are:

1. Cynthia Morrison, the current NPP MP for Agona West constituency in the Central Region, who has filed to run as an independent candidate.

2. Kwadwo Asante, the current NPP MP for the Suhum constituency in the Eastern Region, who has also filed to run as an independent candidate.

3. Andrew Asiamah Amoako, currently an independent MP for the Fomena constituency in the Ashanti Region, who has filed to run in the upcoming election as a candidate for the ruling New Patriotic Party (NPP).

4. Peter Kwakye Ackah (Amenfi Central), NDC.

The former Minority Leader Haruna Iddrisu had petitioned the Speaker to declare the seats vacant by invoking Article 97 (1)(g) of the Constitution which stipulates that a lawmaker must vacate their seat if they leave the party under which they were elected or attempt to remain in Parliament as an independent candidate. The Majority Leader Afenyo-Markin had filed a suit at the Supreme Court against the petition filed by Haruna Iddrisu.

But the National Democratic Congress (NDC) lawmakers said that they would stick to the ruling of the speaker declaring four seats vacant, a ruling that makes them the Majority in Parliament.

This was despite the Supreme Court order that stayed the execution of the ruling of Speaker Alban Bagbin,

Addressing a press conference in Parliament on Sunday, October 20, leader of the NDC lawmakers, Dr. Cassiel Ato Forson said that “We will jealously protect our new Majority status and will not bow, retreat nor surrender our lawfully earned status. We will also not abdicate our responsibility to the people no matter what! Nothing, absolutely nothing, will change this position!“We are fortified that the ‘proceedings’ of Parliament ‘shall not’ be ‘impeached or questioned in any court or place out of Parliament.’ Any interference with the business of Parliament is unlawful, unacceptable and shall be resisted. We have never hidden our position that we are in this Parliament for the ordinary Ghanaian.”

Read full application

ALEXANDER-AFENYO-MARKIN-v.-THE-SPEAKER-OF-PARLIAMENT-2ATTORNEY-GENERAL-APPLICATION-TO-SETTING-ASISE-PROCESSESAFFIDAVIT-IN-SUPPORT-AND-EXHIBITS-FILED (3)